9911796707
TMI Blog1980 (4) TMI 316X X X X Extracts X X X X X X X X Extracts X X X X ..... gineer'.licensed plumber', licensed surveyor' and licensed townplanner' mean respectively a person licensed under theprovisions of this Act as an architect, draughtsman,engineer, plumber, surveyor and town planner. Since the definition of section 2(25) contemplates that a licensedarchitect or a licensed draughtsman is to be a person who is licensedunder the provisions of the Act as an architect or a draughtsman, it isnecessary to know the provisions which empower the Corporationto license an architect or a draughtsman under the Act. Section 430(1) of the Act states that whenever it is provided in this Act orany bye-law made there under that a license or a written permissionmay be granted for any purpose, such license or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o do not have such registrationfrom describing themselves as architects and also deals with disciplinary action for misconduct of architects. It is, therefore, a complete enactment the effect of which is that a person cannot call himself an architect unless he is registered under the said Act. Of course,unlike the Advocates Act, which restricts the right to practice incourts only to the advocates qualified there under, the Architects Actdoes not restrict the practise by architects to persons registerd lenderthe said Act. Therefore, some persons who cannot called themselvesarchitects may still be free to do the work which is ordinarily dune byarchitects and they are not dealt with by the Architects Act. Whetherthe Corporation can deal with s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Building Bye-laws, 1959. In thebye-laws proposed in this letter, provision is sought to be made toprescribe qualifications to be held by architects and draughtsmanbefore licenses could be issued to them, for payment of license fees,deposit of security amounts by them and certain penalties to beimposed on them for contravention of these bye-laws. The wholescheme of such regulation was challenged by the respondents. (4) The writ petitions of the respondents were allowed by thelearned single Judge, who granted reliefs prayed for, namely, to declare that this regulatory scheme was contrary to the Architects Act,1972 and superseded by the said Act and, therefore, the purportedaction of the Corporation was ultra vires the Delhi Municip ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... horities cannot beexpected to scrutinise the building plans with a view to redraftingthem in each and every case, some preliminary safeguard that theplans have been prepared by qualified persons could be insisted uponby the Corporation. The authority for making bye-laws for thispurpose is somewhat strenuous, but it may be spelt out from theprovisions of section 481 Part F and Part L, particularly sub-section(1) of Part L containing the words necessary for the efficient municipal Government of Delhi . In so far as the building plans submitted to the Corporation made by persons who are not architects underthe Architects Act, 1971 are concerned, we need not say anythingas to the power of the Corporation to insist on such persons possessing li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioncertificate under the Architects Act. 1972 is regarded by Parliamentas sufficient qualification for the practice of architects and since allrelated questions have been dealt with in respect of architects by thesaid Act, it became unnecessary for the Corporation to do so thereafter. In view of section 502 of the Act, the provisions referred toabove which could be construed as authorising the Corporation toregulate the licensing of architects and draughtsman could not be soconstrued after coming into force of the Architects Act, 1972. (8) It would be sufficient, in our view, for the disposal of thewrit petitions and the appeals before us, to say that neither the provisions of the Act, nor the provisions of any bye-laws made there under ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
